State of New York, et al v. Kennedy, et al
| STATE OF NEW YORK, STATE OF WASHINGTON, STATE OF RHODE ISLAND, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF OREGON, STATE OF VERMONT and STATE OF WISCONSIN |
| ROBERT F. KENNEDY, JR., in the official capacity as Secretary of the US Department of Health and Human Services, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUSAN MONAREZ, in the official capacity as Acting Director, First Assistant to the Director, Principal Deputy Director of the Centers for Disease Control and Prevention, MARTIN MAKARY, in the official capacity as Commissioner of the U.S. Food and Drug Administration, US FOOD & DRUG ADMINISTRATION, ANDREW GRADISON, in the official capacity as Acting Assistant Secretary of the Administration for Children and Families, ADMINISTRATION FOR FAMILIES AND CHILDREN, MARY LAZARE, in the official capacity as Principal Deputy Administrator of the Administration for Community Living, ADMINISTRATION FOR COMMUNITY LIVING, ARTHUR KLEINSCHMIDT, in the official capacity as Principal Deputy Assistant Secretary of the Substance Abuse and Mental Health Services Administration, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION and CENTERS FOR DISEASE CONTROL AND PREVENTION |
| CAMPAIGN FOR TOBACCO-FREE KIDS, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICAN MEDICAL ASSOCIATION, AMERICAN THORACIC AMERICAN THORACIC SOCIETY, PARENTS AGAINST VAPING E-CIGARETTES, RHODE ISLAND MEDICAL SOCIETY and TRUTH INITIATIVE |
| 25-1780 |
| August 13, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Docket Report
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MANDATE issued. [25-1780] (GRC) [Entered: 10/30/2025 01:14 PM]
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JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). [25-1780] (GRC) [Entered: 10/30/2025 01:12 PM]
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STIPULATED MOTION to dismiss case filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services. Served on 10/29/2025. [25-1780] (SAM) [Entered: 10/29/2025 04:24 PM]
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ASSENTED TO MOTION to extend time to file brief and appendix filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services. Served on 10/20/2025. [25-1780] (SAM) [Entered: 10/20/2025 06:07 PM]
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NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Anjana Samant. Served on 10/17/2025. [25-1780] (AS) [Entered: 10/17/2025 11:58 AM]
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BRIEFING schedule set. Brief and Appendix due 11/05/2025 for appellant Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, Andrew Gradison, Robert F. Kennedy Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration, US Food & Drug Administration and United States Department of Health and Human Services. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [25-1780] (GRC) [Entered: 09/26/2025 01:42 PM]
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NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Christian Dibblee for FDA, United States Department of Health and Human Services, Administration for Families and Children, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, Martin Makary, Andrew Gradison, Mary Lazare, Administration for Community Living, Arthur Kleinschmidt and Substance Abuse and Mental Health Services Administration, Christopher R. Hall for FDA, United States Department of Health and Human Services, Administration for Families and Children, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, Martin Makary, Andrew Gradison, Mary Lazare, Administration for Community Living, Arthur Kleinschmidt and Substance Abuse and Mental Health Services Administration, Elizabeth Themins Hedges for FDA, United States Department of Health and Human Services, Administration for Families and Children, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, Martin Makary, Andrew Gradison, Mary Lazare, Administration for Community Living, Arthur Kleinschmidt and Substance Abuse and Mental Health Services Administration, Jeanelly Orozco Alcala for State of California, Cynthia Alexander for State of Washington, Jesse P. Basbaum for State of California, Molly Brachfeld for State of New York, Elleanor H. Chin for State of Oregon, Virginia Corrigan for State of California, Charlotte Gibson for State of Wisconsin, Dorothea C. Lindquist for State of Rhode Island, Ian R. Liston for State of Delaware, Justine M. Longa for State of New Jersey, Margaret Machaiek for State of Maine, William David McGinty for State of Washington, Andrew C. Mendrala for District of Columbia, Lindsey E. Middlecamp for State of Minnesota, Andres Ivan Navedo for State of New York, Neli Nima Palma for State of California, Jessica L. Palmer for State of New Jersey, Tanya Wheeler for State of Colorado and Virginia A. Williamson for State of Maryland. [25-1780] (GRC) [Entered: 09/26/2025 12:19 PM]
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NINE (9) paper copies of amici brief [ # 6751576-2 ] submitted by Amici Curiae non-profit medical, public health, and community organizations. [25-1780] (SRS) [Entered: 09/24/2025 09:41 AM]
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AMICUS CURIAE BRIEF filed by Amicus Curiae non-profit medical, public health, and community organizations. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/24/2025 . [25-1780]. CLERK'S NOTE: Docket entry was edited to attach a missing document. (GRC) [Entered: 09/17/2025 01:09 PM]
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ORDER entered by Lara E. Montecalvo, Appellate Judge; Julie Rikelman, Appellate Judge and Seth Robert Aframe, Appellate Judge: The motion for a stay pending appeal is DENIED . [25-1780] (GRC) [Entered: 09/17/2025 12:42 PM]
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DISCLOSURE statement filed by Amici Curiae American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, American Medical Association, American Thoracic American Thoracic Society, Campaign for Tobacco-Free Kids, Parents Against Vaping E-cigarettes, Rhode Island Medical Society and Truth Initiative. [25-1780] (GRC) [Entered: 09/17/2025 01:15 PM]
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Mail returned as undeliverable to Attorney Elleanor H. Chin for Appellee State of Oregon. Copy of Notice issued September 5, 2025. [25-1780] (NKR) [Entered: 09/23/2025 08:49 AM]
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NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Elleanor H. Chin for State of Oregon. [25-1780] (GRC) [Entered: 09/10/2025 04:12 PM]
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NOTICE requesting removal from the service list for attorney Elleanor H. Chin filed by Attorney Erin Galli for Appellee State of Oregon. Served on 09/10/2025. [25-1780] CLERK'S NOTE: Docket entry was edited to modify the docket text. (EG) [Entered: 09/10/2025 02:57 PM]
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NOTICE of appearance on behalf of Appellee State of California filed by Attorney Crystal Adams. Served on 09/09/2025. [25-1780] (CMA) [Entered: 09/09/2025 02:08 PM]
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NOTICE issued. After 09/19/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Christian Dibblee for FDA, United States Department of Health and Human Services, Administration for Families and Children, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, Martin Makary, Andrew Gradison, Mary Lazare, Administration for Community Living, Arthur Kleinschmidt and Substance Abuse and Mental Health Services Administration, Christopher R. Hall for FDA, United States Department of Health and Human Services, Administration for Families and Children, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, Martin Makary, Andrew Gradison, Mary Lazare, Administration for Community Living, Arthur Kleinschmidt and Substance Abuse and Mental Health Services Administration, Elizabeth Themins Hedges for FDA, United States Department of Health and Human Services, Administration for Families and Children, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, Martin Makary, Andrew Gradison, Mary Lazare, Administration for Community Living, Arthur Kleinschmidt and Substance Abuse and Mental Health Services Administration, Jeanelly Orozco Alcala for State of California, Cynthia Alexander for State of Washington, Jesse P. Basbaum for State of California, Molly Brachfeld for State of New York, Elleanor H. Chin for State of Oregon, Virginia Corrigan for State of California, Charlotte Gibson for State of Wisconsin, Dorothea C. Lindquist for State of Rhode Island, Justine M. Longa for State of New Jersey, Margaret Machaiek for State of Maine, Caithlyn McEllis for State of Illinois, William David McGinty for State of Washington, Andrew C. Mendrala for District of Columbia, Lindsey E. Middlecamp for State of Minnesota, Andres Ivan Navedo for State of New York, Neli Nima Palma for State of California, Jessica L. Palmer for State of New Jersey, Chandana Pandurangi for State of Rhode Island, Tanya Wheeler for State of Colorado and Virginia A. Williamson for State of Maryland. [25-1780] (GRC) [Entered: 09/05/2025 02:48 PM]
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NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Kelsey Endres. Served on 09/03/2025. [25-1780] (KEE) [Entered: 09/03/2025 11:44 AM]
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NOTICE of appearance on behalf of Appellee State of Michigan filed by Attorney Neil Giovanatti. Served on 08/27/2025. [25-1780] (NG) [Entered: 08/27/2025 08:47 AM]
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TRANSCRIPT report/order form filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services indicating transcripts are not necessary for this appeal. Served on 08/26/2025. [25-1780] (SAM) [Entered: 08/26/2025 09:30 PM]
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DOCKETING statement filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services. Served on 08/26/2025. [25-1780] (SAM) [Entered: 08/26/2025 09:28 PM]
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REPLY filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services to response [ # 6745232-2 ]. Served on 08/25/2025. [25-1780] (SAM) [Entered: 08/25/2025 01:25 PM]
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ORDER granting motion for leave to file notice of appearance. [25-1780] (GRC) [Entered: 08/22/2025 04:16 PM]
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NOTICE of appearance on behalf of Appellee State of Arizona filed by Attorney Alexa G. Salas. Served on 08/22/2025. [25-1780] (AGS) [Entered: 08/22/2025 01:57 PM]
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NOTICE of appearance on behalf of Appellee State of Oregon filed by Attorney Erin K. Galli. Served on 08/22/2025. [25-1780] (EG) [Entered: 08/22/2025 11:26 AM]
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MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Am. Acad. of Pediatrics, Am. Cancer Soc'y Cancer Action Network, Am. Heart Ass'n, Am. Lung Ass'n, Am. Med. Ass'n, Am. Thoracic Society, Campaign for Tobacco-Free Kids, Parents Against Vaping E-cigarettes, Rhode Island Med. Soc'y, and Truth Initiative. Served on 08/21/2025. [25-1780] (CSM) [Entered: 08/21/2025 08:52 PM]
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NOTICE of appearance on behalf of Movant(s) American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Ass'n, American Lung Ass'n, American Medical Ass'n, American Thoracic Society, Parents Against Vaping E-cigarettes, RI Medical Society, and Truth Initiative filed by Attorney Christina S. Marshall. Served on 08/21/2025. [25-1780] (CSM) [Entered: 08/21/2025 08:31 PM]
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MOTION for leave to file a response in support of Appellee's opposition to stay filed by - Campaign for Tobacco-Free Kids. Served on 08/21/2025. [25-1780] (CSM) [Entered: 08/21/2025 03:08 PM]
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ORDER entered by Seth Robert Aframe, Appellate Judge: The "Motion of Campaign for Tobacco-Free Kids for Leave to File Brief Amicus Curiae in Support of Plaintiffs-Appellees' Opposition to Emergency Motion for Stay Pending Appeal" is denied without prejudice . The movant may renew the motion with a tendered copy of the relevant amicus filing appended thereto. The court then will decide whether and to what extent the amicus filing should be accepted and considered. Any such renewed motion should be filed by noon on Friday, August 22, 2025. [25-1780] (JW) [Entered: 08/20/2025 08:15 PM]
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MOTION requesting leave for Attorney Christina S. Marshall to enter an appearance on behalf of Movant(s) Campaign for Tobacco-Free Kids. Served on 08/20/2025. [25-1780] (CSM) [Entered: 08/20/2025 05:03 PM]
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RESPONSE filed by Appellees District of Columbia, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin to motion [ # 6743249-2 ]. Served on 08/20/2025. [25-1780] (DSM) [Entered: 08/20/2025 04:48 PM]
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NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Sarah W. Rice. Served on 08/19/2025. [25-1780] (SR) [Entered: 08/19/2025 03:31 PM]
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MOTION for leave to file a response in support of Appellee's opposition to stay filed by Movant(s) Campaign for Tobacco-Free Kids. Served on 08/19/2025. [25-1780] CLERK'S NOTE: Docket entry was edited to modify the docket text. (CSM) [Entered: 08/19/2025 01:55 PM]
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NOTICE of appearance on behalf of Appellee State of Hawaii filed by Attorney Kalikoonalani D. Fernandes. Served on 08/19/2025. [25-1780] (KDF) [Entered: 08/19/2025 06:03 PM]
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NOTICE of appearance on behalf of Appellee State of Illinois filed by Attorney Alex Hemmer. Served on 08/19/2025. [25-1780] (AH) [Entered: 08/19/2025 03:38 PM]
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NOTICE of appearance on behalf of Appellee State of Hawaii filed by Attorney David D. Day. Served on 08/19/2025. [25-1780] (DDD) [Entered: 08/19/2025 06:06 PM]
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NOTICE of appearance on behalf of Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services filed by Attorney Steven A. Myers. Served on 08/18/2025. [25-1780] (SAM) [Entered: 08/18/2025 09:26 PM]
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NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Astrid Carrete. Served on 08/14/2025. [25-1780] (AC) [Entered: 08/14/2025 03:48 PM]
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ORDER entered: Briefing on defendants-appellants' "Emergency Motion for Stay Pending Appeal" will proceed on the following schedule: plaintiffs-appellees should respond to the stay motion by 5:00 p.m. on Wednesday, August 20, 2025; any reply should be filed by 5:00 p.m. on Monday, August 25, 2025. The court then will address the stay request promptly. [25-1780] (GRC) [Entered: 08/14/2025 11:03 AM]
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NOTICE of appearance on behalf of Appellee State of Colorado filed by Attorney David Moskowitz. Served on 08/14/2025. [25-1780] (DM) [Entered: 08/14/2025 10:34 AM]
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NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Daniel S. Magy. Served on 08/13/2025. [25-1780] (DSM) [Entered: 08/13/2025 02:50 PM]
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NOTICE of appearance on behalf of Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration and United States Department of Health and Human Services filed by Attorney Melissa N. Patterson. Served on 08/13/2025. [25-1780] (MNP) [Entered: 08/13/2025 02:26 PM]
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NOTICE of appearance on behalf of Appellee State of Vermont filed by Attorney Ryan P. Kane. Served on 08/13/2025. [25-1780] (RPK) [Entered: 08/13/2025 02:13 PM]
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EMERGENCY MOTION to stay injunction pending appeal filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, FDA, Andrew Gradison, Robert F. Kennedy, Jr., Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration, United States Department of Health and Human Services and Appellee District of Columbia. Served on 08/13/2025. [25-1780] (MNP) [Entered: 08/13/2025 03:37 PM]
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NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Spencer W. Coates. Served on 08/13/2025. [25-1780] (SWC) [Entered: 08/13/2025 07:01 PM]
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CIVIL CASE docketed. Notice of appeal (doc. #90) filed by Appellants Administration for Community Living, Administration for Families and Children, Centers for Disease Control and Prevention, Andrew Gradison, Robert F. Kennedy, Jr., Arthur Kleinschmidt, Mary Lazare, Martin Makary, Susan Monarez, Substance Abuse and Mental Health Services Administration, FDA and United States Department of Health and Human Services. Appearance form, Docketing Statement, and Transcript Report/Order form due 08/27/2025. [25-1780] (GRC) [Entered: 08/13/2025 01:59 PM]
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